Ethics and Legal Issues Chapter 4 Flashcards
Enforcement of Ethical Standards
pg 35
Ethical guidelines are established by professional organizations to govern the conduct of their members.
- Consequences can range from warnings to dismissal.
- If you are not apart of an organization then you cannot be repremanded.
Ethics, Laws, and Regulations
page 35
Often incorporated into the licensing and practice laws of individual states, and ethical standards of practice myst also be followed in the context of various state and federal laws.
If violations occur you could lose license, be sued, and receive jail time.
Health Insurance and Portability and Accountability Act (HIPAA)
page 35-36
Congressed passed federal law in 1996. Privacy of patient or student. People can maintain health insurance coverage even if they changed jobs
Specific Ethical Practice and Treatment guidelines
page 34
Treatment guidelines are intended to represent the generally agreed-upon professional experience and scientific findings that can guide both practitioners and clients to make the most effective diagnostic and treatment decisions.
NAEYC National Association for the Education of Young Children
Ideals
Reflect aspirations of practitioners.
NAEYC
Principles
guide conduct and assist practitioners in resolving ethical dilemmas.
-Provide care and education in an environment that is safe, nurturing, healthy, and responsive for each child.
- Never harm a child
- Never base on one assessment for disabilities
- Never favor a single child
- provide cognitively, positive emotionally and social environments that support childrens culture, language, ethnicity and family.
National Education Association K-12
commitment to the student
- will not restrain student from independent action in pursuit of learning
- deny student access to varying points
- suppress or distort subject matter
- make effort to protect student from harmful conditions health/safety
- not intentionally expost to embarassment or despair
NEA
Commitment to profession
- will not on application make false Statement about myself
- shall not misrepresent qualifications
- shall not assist a person unqualified into profession
- shall not make false statement about others in profession
- disclose information about collegue unless required by law.
- shall not accept a gift/gratuity to influence professional decision.
APA American Psychological Association
General principles
Beneficence and Nonmaleficience: work to do no harm, stay healthy, do not accept bribes, do their best to not exploit or harm who they work with or for.
Fidelity/Responsibility: establish trustful relationships.
Integrity: accuracy and honest
Justice: practice fairness and justice and reasonable judgment
APA
If work misused ethical issues are corrected with correction to minimize misrepresentation. Clarify conflicts to correct them.
NASW National Association of Social Workers
Cultural competence and Social Diversity
Respect
no discrimination
Value service, social justice, dignity and worth of a person, importance of relationships, integrity , and competence
Hatch Amendment of 1978
Protection of Pupil Rights
No psych testing, treatment or Psychological exam to reveal info concerning:
political affiliations, mental/psych problems embarrassing to student or family, sex behavior and attitudes, critical appraisal when knowing family, legally recognized privleges
Exceptions to confidentiality
5
- Privileged Communication:psychologists can hold patient info private in court of law.
- Abuse: therapist is obligated to report
- Suicide or danger to self
- Intent to harm others “Duty to protect”
- Legal Preceding and court order
Code of Ethics
Promote welfare of the people you serve, avoiding harm, maintaining your professional competence, protect confidentiality and privacy, avoid exploitation or conflict of interest, and uphold integrity of your profession.
FERPA
Family Educational Rights and Privacy Act
Federal Law protects the privacy of the student education records
-inspect and review student educational records maintained by school
-right to request that a school correct records which they believe to be inaccurate or misleading. If school denies right parents can have formal hearing
-schools must have written permission from the parent or eligible student in order to release information from a students education recored.
School may disclose information on a directory but must warn parents of directory and follow parent wishes if they want info removed